As clients continue to adopt more sophisticated structures for business and investment, greater planning is required in order to ensure that a client’s estate and succession planning objectives are met. This paper considers some of the opportunities and traps that arise with trust structures in a succession planning context including:

are people whom we think are beneficiaries really beneficiaries?

the role of the appointor/guardian/supervisor in passing control to the next generation

testamentary trusts - some key issues

ownership of main residence and tax implications of occupation rights

trust cloning or splitting - what are they and what are the traps?

Author profile:

Daniel Smedley CTA

Daniel is a Principal of Sladen Legal. He is a Law Institute of Victoria Accredited Specialist in Tax Law and holds a Master of Taxation. Daniel is the principal author of Trusts Structures Guide published by The Tax Institute and a regular presenter at industry conferences and workshops. Daniel primarily advises businesses and high net worth individuals in relation to business and investment structuring, trusts, succession planning and taxation law. Current at 04 March 2016

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